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Amid Cent 08-24-2010 03:56 PM

Dispute over family chess set - need OOT Input
 
This is already tl;dr, but I'll do my best.

My grandparents both passed away about two years ago and my cousin "Betty" and I agreed to be joint executers of their estate. We had to do this because my father and her mother (siblings) hate each others guts.

Everything my grandparents owned was in a trust and the trust instructions specifically say that the beneficiaries (my father and my aunt) will draw at random at take alternating turns selecting items that they want to keep. My aunt wins the coin flip and takes an item, my father selects second. My aunt selects another item, then my dad says "I'll take the chess set." (This is only important because he gave her two chances to take it first).

Now, the chess set has been in the family for about 40 years. It probably cost about $5000 when originally purchased, but now it holds mostly sentimental value to everyone. It was sort of assumed (although not in writing) that the chess set would go to my oldest cousin "Richard" (Betty's brother). The were some grumblings when my father selected the chess set, but nobody said much at the time.

This week, about two years later, cousin Betty finds a letter in my grandmother's documents stating that the chess set was to go to Richard. It appears to be her handwriting, but it doesn't have a date, signature, or witness seal. Nor was it with the original trust documents (which I have).

Betty calls me and says that because of this letter, the chess set belongs to Richard and that my father should give it to him. I tell her that "legally" it does NOT belong to Richard since that document was not part of the trust and when we divided the items, we did it properly. However, I also tell her that I will mention this to my father and see what he says.

My father flatly says no, he does not want to give it up. I ask him that if we had had that document when we were selecting items, would it have made a difference? He says Yes, it would have, but it's too late now.

I tell cousin Betty this and she sort of flips out. What she wants to do now is have the trust buy her brother Richard a chess set of equal value. She found a similar one online for about $7000. We sold all of their property last year and distributed the funds to the beneficiaries. The only money left in the trust is about $8000 which we are keeping for taxes, etc. I tell her there is no way I'm allowing the trust to spend $7000 on a new set for Richard.

Personally, I think my dad is wrong here and should give up the set. However, legally, I think he has the right to keep it. Because I also feel that Richard deserves the set, I told Betty I would be ok spending up to $2000 or so on a new set for Richard. She flipped out again, claims it's not about the money, but that Richard is entitled to a set of the same value as the original (figure that one, since she thinks it's not about money). I got tired of her bitching and told her to ask her brother what he actually wants, but that technically we don't have to give him a dime. I also tell her my responsibiltiy is to the trust, and not to her brother. She got pissed and that was pretty much how it ended - for now.

What you think OOT? Since my father isn't giving it up, what is Richard entitled to?


Cliffs

* Grandparents kick bucket, my father legally takes Chess set
* Two years later, document found saying cousin gets set
* Dad doesn't want to give it up, does cousin deserve anything?

slickpoppa 08-24-2010 04:01 PM

Re: Dispute over family chess set - need OOT Input
 
In before cut the chess set in half

wiper 08-24-2010 04:02 PM

Re: Dispute over family chess set - need OOT Input
 
so basically, it isn't about the sentimental value of the chess set (because well, IT ISN'T EVEN THE SAME ONE), it's about the $7k.

tell 'em **** off, they had their chance in the fantasy draft and passed. twice.

also, pics of said $7k chess set?

LFS 08-24-2010 04:03 PM

Re: Dispute over family chess set - need OOT Input
 
Richard gets dick. The trust owes him nothing.

xx44 08-24-2010 04:04 PM

Re: Dispute over family chess set - need OOT Input
 
Your dad should give them the chess set and be compensated the value of what "his pick" would have been at the time he took the set.

Grue 08-24-2010 04:11 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by xx44 (Post 21116042)
Your dad should give them the chess set and be compensated the value of what "his pick" would have been at the time he took the set.

except this is impossible to determine.

xx44 08-24-2010 04:15 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by Grue (Post 21116189)
except this is impossible to determine.

Why? If the only things left of decent value after their previous picks were the chess set and lets say a $2000 TV, the dad should give up the set and get $2k.

Grue 08-24-2010 04:16 PM

Re: Dispute over family chess set - need OOT Input
 
He picked 2nd not 2nd to last

gimmetheloot 08-24-2010 04:17 PM

Re: Dispute over family chess set - need OOT Input
 
yep, this one has been wrapped up quick. Pics of chess set?

Parlay Slow 08-24-2010 04:19 PM

Re: Dispute over family chess set - need OOT Input
 
If ~$7000 is spent on an additional chess set then everyone involved deserves a kick in the nuts.

gumpzilla 08-24-2010 04:20 PM

Re: Dispute over family chess set - need OOT Input
 
Not sure who is technically in the right here, though it sounds like your dad is probably being a bit of a dick.

More importantly, **** $5k chess sets.

goofball 08-24-2010 04:20 PM

Re: Dispute over family chess set - need OOT Input
 
play for it obviously

neuroman 08-24-2010 04:23 PM

Re: Dispute over family chess set - need OOT Input
 
pics of chess set ldo

nutshot2 08-24-2010 04:26 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by LFS (Post 21116022)
Richard gets dick. The trust owes him nothing.

this, really easily.

Dying Actors 08-24-2010 04:27 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Personally, I think my dad is wrong here and should give up the set. However, legally, I think he has the right to keep it.
what else is there to say? this is correct, you clearly dont have any legal obligations to give up the set. but i dont see what the big deal is, why not give him the set if he really wants it?

its just a chess set.


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